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The woman successfully argued that Japan's surgery requirement for receiving a legal gender change presented her with huge financial and physical burdens.
A transgender woman is the first person in Japan to be granted a legal gender change without having to undergo compulsory gender-affirming surgery.
In order to legally change one's gender on official documents, a 20-year-old law in Japan requires that transgender people receive a “gender identity disorder" diagnosis and undergo surgery reconfiguring their reproductive organs. The woman, in her late 40s, was first denied a gender change by lower courts in the country because she had not undergone surgery, despite her being unable to receive the procedure.
The woman appealed her case to a higher court, arguing that the requirements presented her with huge financial and physical burdens, and was therefore in violation of her rights. The Hiroshima High Court ruled in her favor Wednesday, determining that the current requirements may be unconstitutional.
The law previously required that those seeking a legal change have "no reproductive capacity," forcing transgender people to undergo sterilization procedures. The nation's Supreme Court ruled that the provision is unconstitutional in October, though it did not rule on the gender-affirming surgery requirement, and sent the woman's case back to the High Court.
The woman said at the time that while “it is very regrettable that [my] gender change was not approved by the Grand Chamber of Justice and that the case has been postponed, I am glad that the outcome of this case will lead to a positive direction.” Now, Kazuyuki Minami, one of the woman's lawyers, said via The Associated Press that when he informed his client of the recent ruling over the phone, she cried in relief.
The High Court's ruling did not encompass transgender people who are not on hormone replacement therapy, but it does pave the way for others seeking legal changes. The Japan Alliance for LGBT Legislation said in a statement Thursday that the ruling can still be considered progress because “it can open the door for transgender females to be able to legally change their gender without undergoing surgery.”
